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Minutes - 1993 - Planning & Zoning - 03/01/1993 - Regular EAGLE PLANNING AND ZONING MEETING March 1, 1993 The Eagle Planning and Zoning Commission met in regular session on March 1, 1993. Chairman SMITH presiding. The following members were present: LLOYD GERBER, PAULINE HINMAN, BERT BRADLEY, KEN SMITH, DONALD BRINTON, MARY BERENT. Moved by BERENT and seconded by BRADLEY to approve the minutes of February 22, 1993 meeting as presented. ALL AYE: MOTION CARRIED. PUBLIC HEARING/THE BAY AT AQUILA LAKES-Rezone, PUD-CUP preliminary plat application. Chairman SMITH announced that this was the time and place set for a public hearing on The Bay at Aquila Lakes. APPLICANT: David Storrs dba Storrs Develop Co. Inc., an Idaho Corp 4290 Northwest View Way, Boise, Id. 83704 Rezone to R3 (Residential) from A (Agricultural) and M2 (Manufacturing), Subdivision preliminary plat, Planned Unit Development/Conditional Use permit, FloodPlain S corner of Highway 55 and EState St ADDRESS: PROPOSAL: LOCATION: PROPOSED LAND USE AND ZONING: 42 lot subdivision on 56 acres net density of 2.3 units per acre. Project includes private water sports facility, greenbelt development & sportsman access Public Testimony: Opposed: In Favor Pam Pierce Barbara Pierce Terry Olsen Warren Pierce Dean Schultz Fred Kunkler Barry Plecher Tim Mueller Concerns of the public: ExcesSive traffic, noise, air quality, sensitive area to birds, location of a commercial development inconsistent with the land use, existing natural landscaping along the river, destroys lifestyle existing in the area. Planning and Zoning discussion: Compliance with the Eagle Comprehensive Plan, safety issues, common areas, landscaping design and posting of the property. ----~- -- -~---~ - --~ --~---~-~---~- -~---~- ~~--~ ~----~ --- Public hearing closed at 8:25 p.m. Moved by BRINTON and seconded by HINMAN to continue the hearing until March 15, as it appears that notice and procedures were violated by not posting the property 1 week in advance of the public hearing. It will be necessary to have a legal opinion to determine if the project needs to be advertised and begin again. ALL AYE: MOTION CARRIED. PUBLIC HEARING/Eagle Wing Development-Variance Application Chairman SMITH announced that this was the time and place set for a public hearing on the request for a Variance on the Eagle Wing Development. APPLICANT: William J. Korby TYPE OF APPLICATION: Variance: side setbacks from 20 ft to 10 ft. on units 1,2,5,10,11,14 & 15 rear setbacks from 25 ft to 15 ft on units 6,7,8 & 9 LOCATION: W HIGHWAY 44-SE 1/4 of S8,T4N,RIE PROPOSED LAND USE AND ZONING: 15 4 plexes on 4 acres, density 3.75 lots per acre (15 dwelling units per acre). Multi-family units-4 Plex-60 units, 30 2 bdrm & 30 1 bdrm, 60 covered parking and 60 uncovered parking Testimony: none Planning and Zoning discussion: There appears to be an esthetics desire for a variance, but no clear hardship is apparent in the application. P&Z members questioned the posting of the property and were advised it was posted. Public hearing closed at 8:55 p.m. Moved by GERBER until March 15, violated by not public hearing. determine if the ALL AYE: MOTION and seconded by BRINTON to continue the hearing as it appears that notice and procedures were posting the property 1 week in advance of the It will be necessary to have a legal opinion to project needs to be advertised and begin again. CARRIED. PUBLIC HEARING/EAGLE COMPREHENSIVE PLAN Chairman SMITH announced that this was the time and place set for a public hearing on the 1993 Eagle Comprehensive Plan. The Chairman informed the public they would be given a 4 minute limit on testimony, he asked for limited repetition and advised the public no decision would be made at this time. Written testimony will be accepted in City Hall until 5:00 p.m., March 5. Testimony: questions. All testimony were questions There was no opposition. and clarification Questions included the following: ~-~~----- - ._._-~. ~~--.~----- - ---- Roger Warren: The Air Quality should be kept under control with all the added homes. The Plan speaks only briefly to the Air Quality problem. There was a request for an action plan for Air Quality. Richard Meirs: The Beacon Light, Dry Creek, Farmers Union Canal area should be very low density housing (along the Beacon Lt. Rd. the "Triangle"). Before the areas designated greenbelt become greenbelts, what are the plans for the area? Answer: will stay as is now, with an easement in place. Tom Ricks: Represents 16 homeowners in the area listed on the designation map as very low density (yellow). They want consideration to a change it to medium density (3 to 5). The area includes from Highway 44, W. along Linder, N 3/4 mile N of Floating Feather, E down an imaginary road to Meridian Rd out to the highway. They would like to see a higher density in that area. The area would be contiguous to the SE portion of the map listed as medium density. They are farmers, but may want to develop one day. This would encourage sewer rather than shallow wells and septic systems. Earl Silverson: The long corridor from Beacon Light along Dry Creek W of Highway 55 should be RT, 5 acre lots. Bill Selvage: Needs clarification on Page 1 the purpose is to encourage urban development, but speaks of rural throughout the plan. In looking at the map there seems some conflict from Commercial areas to residential should be a natural orders to occur, especially around the by-pass area. (no commercial next to 3-5 area). This spreads the commercial core too far. There needs to be a trade off when you deal with net density. Jerry Tremmel: Page 18, item 6: encourage using material and technique. Does this encourage pre-fabricated housing? Does it extend to mobile homes. Answer: mobile homes are not excluded. The Comprehensive Plan only gives a picture, a general statement. Page 20, item 9: Is there a definition to buffer zone? Answer: That will be better defined in Eagle City Code. Gail Siron: What do you view in the purple section off State St. as a higher density? There is a medium density, then high and again medium, creating a hop-scotch effect. All of it should be medium. The Redwood Subdivision is listed in 2 different areas, it should be all one density. Shelly Draper: Commended the P&Z and Council on the map. Questioned page 2 "to encourage agriculture" if there is nothing on the map how is it protected? Answer: Page 2 is a statement by State Code and requirements of the Local Planning Act. Moved by HINMAN and seconded by BERENT to continue the hearing until the March 15, 1993 meeting. There will be no additional public testimony at that time, but all written testimony will be accepted until 5:00 p.m. March 5. ALL AYE: MOTION CARRIED. ------------~-._----- ~----- ~-~-~------- FINDINGS OF FACTS AND CONCLUSIONS OF LAW/ First Service Group- rezone: Moved by BRADLEY and seconded by HINMAN to approve as presented. ALL AYE: MOTION CARRIED. Kelli Blair reported on the activities of the City Council. HINMAN made a request that the City Attorney attend P&Z public hearings, such as the Comprehensive Plan. It was anticiapted that the Attorney would attend tonight. She wants consideration for attorney representation at such meetings. HINMAN also wants follow up on the question of the length of the cul-de-sacs. Moved by BRINTON and seconded by HINMAN to continue the Ashland hearing scheduled for continuance tonight to the March 15 meeting. ALL AYE: MOTION CARRIED. The Commission agreed to pickup their agendas. They asked for a telephone call when they are ready. Mr. Gerber requested his to be mailed. the meeting adjourned at 10:10 p.m. APPROVED: CHAIRMAN KEN SMITH "--- --~--" "---- ~-----"-------~----~ _n_"- -~------ ---~